§ 2077a. Interagency review of applications for the transfer of United States civil nuclear technology

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2015

   National Defense Authorization Act for Fiscal Year 2016

   Pub. L. 114–92 div. C title XXXI § 3136 · 129 Stat. 726

   Enacted · 42 U.S.C. § 2077a

   Pub. L. 114–92, div. C, title XXXI, § 3136, Nov. 25, 2015, 129 Stat. 1209

   Source evidence

   Code source credit
   Pub. L. 114–92, div. C, title XXXI, § 3136, Nov. 25, 2015, 129 Stat. 1209

   Enacted provision · exact public law section
   SEC. 3136. INTERAGENCY REVIEW OF APPLICATIONS FOR THE TRANSFER OF UNITED STATES CIVIL NUCLEAR TECHNOLOGY. (a) Report on Transfers to Covered Foreign Countries.— Not less frequently than every 90 days, the Secretary of Energy shall submit to the appropriate congressional committees a report that includes— (1) a description of the authorizations under section 57 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)) to transfer United States civil nuclear technology to a covered foreign country during the preceding 90 days; and (2) a statement of whether any agency required to be consulted under that section or pursuant to regulation objected to or sought conditions on each such transfer. (b) Determination of Technologies to Be Protected.— (1) In general.— Not later than 90 days after the date of the enactment of this Act, and every five years thereafter, the Secretary of Energy shall— (A) in consultation with the Secretary of State, the Secretary of Commerce, the Secretary of Defense, the Director of National Intelligence, and the Nuclear Regulatory Commission, determine the critical United States civil nuclear technologies that should be protected from diversion to a military program of a covered foreign country, including with respect to a naval propulsion or weapons program; and (B) notify the appropriate congressional committees with respect to the determination and the technologies covered by the determination. (2) Notification.— (A) In general.— Except as provided in subparagraph (B), not later than 14 days before making an authorization under section 57 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)) for the transfer of a technology covered by a determination under paragraph (1) to a covered foreign country, the Secretary of Energy shall submit to the appropriate congressional committees a report that includes— (i) a notification of the intention of the Secretary to make the authorization for the transfer of such technology; and (ii) a statement of whether any agency required to be consulted under such section 57 b. or pursuant to regulation objected to or sought conditions on the transfer. (B) Waiver of deadline.— The Secretary may waive the requirement under subparagraph (A) to submit the report required by that subparagraph not later than 14 days before making an authorization for the transfer of a technology covered by a determination under paragraph (1) to a covered foreign country if the Secretary— (i) determines that an imminent radiological hazard exists; and (ii) not later than 7 days after determining that such hazard exists, submits to the appropriate congressional committees— (I) a certification that the hazard exists; (II) a justification for the waiver; and (III) the notification required by clause (i) of subparagraph (A) and the statement required by clause (ii) of that subparagraph. (c) Consultations With Intelligence Community.— (1) In general.— The Secretary of Energy shall expeditiously revise part 810 of title 10, Code of Federal Regulations, to ensure that the Director of National Intelligence— (A) is consulted with respect to the views of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) with respect to each authorization issued under section 57 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)) for the transfer of United States civil nuclear technology to a covered foreign country before the determination to approve or disapprove the request for the authorization; and (B) is provided with an opportunity to present the views of the Director and the intelligence community on the national security risks of the transfer, if any. (2) Submission to congress.— The Secretary of Energy, jointly with the Director of National Intelligence, shall include the results of consultations conducted under paragraph (1) in each report under subsection (a) and each notification under subsection (b)(2). (d) Report on Compliance of Covered Foreign Countries and End-users.— Not less frequently than annually, the Secretary of Energy shall submit to the appropriate congressional committees a report that includes— (1) an assessment of whether each covered foreign country is in compliance with its obligations under any authorization for the transfer of United States civil nuclear technology under section 57 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)); (2) with respect to any covered foreign country that is not in compliance with such obligations— (A) a description the efforts of the United States to bring the country into compliance; (B) an evaluation of the result of such efforts; and (C) an assessment of the options available to the Secretary as a result of the country not being in compliance; (3) an assessment of whether each end-user to which United States civil nuclear technology is transferred pursuant to an authorization under such section 57 b. is in compliance with the obligations of the end-user under that authorization; and (4) a description of any consequences for the end-user or the exporter of the technology if the end-user is not in compliance with such obligations. (e) Report on Transfers to All Foreign Countries.— (1) In general.— Concurrent with the submission to Congress of the budget of the President for a fiscal year under section 1105(a) of title 31, United States Code, the Secretary of Energy shall submit to the appropriate congressional committees a report on the activities of the Department of Energy associated with the review of applications for authorization under section 57 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)) to transfer United States civil nuclear technology to any foreign country. (2) Elements.— The report required by paragraph (1) shall include— (A) the number of applications for authorization under section 57 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)) to transfer United States civil nuclear technology to a foreign country submitted during the year preceding the submission of the report; (B) the length of time each such application was under review; (C) the number of such applications that were granted; and (D) a description of efforts to streamline the review of such applications, taking into account the proliferation and diversion potential of end-users in the country to which United States civil nuclear technology would be transferred pursuant to such applications. (f) Notifications of Potential Diversions.— The Director of National Intelligence shall notify the Department of Energy and the appropriate congressional committees not later than 30 days after the date on which the Director determines that there is credible intelligence that United States civil nuclear technology is being or has been diverted— (1) to a military program in a foreign country to which the transfer of the technology was authorized under section 57 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)); or (2) to a foreign country to which the transfer of the technology was not so authorized. (g) Guidelines.— Not later than 60 days after the date of the enactment of this Act, the Secretary of Energy shall issue guidance with respect to the use of the clear and intended authority of the Secretary under section 234 of the Atomic Energy Act of 1954 (42 U.S.C. 2282) to impose civil penalties, including fines and debarment, and to make referrals to the Attorney General for prosecution, for violations of the terms of authorizations for the transfer of United States civil nuclear technology issued under section 57 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)). (h) Report on Transfer of Sensitive Items.— (1) In general.— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report— (A) describing the efforts of covered foreign countries to prevent the transfer of sensitive items, including efforts to improve the prevention of the transfer of such items; and (B) assessing the adequacy of such efforts. (2) Sensitive items defined.— In this subsection, the term “sensitive items” means goods, services, and technologies described in section 2(a) of the Iran, North Korea, and Syria Nonproliferation Act (Public Law 106–178; 50 U.S.C. 1701 note). (i) Definitions.— In this section: (1) Appropriate congressional committees.— The term “appropriate congressional committees” means— (A) the congressional defense committees; (B) the Committee on Energy and Natural Resources, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (C) the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Covered foreign country.— The term “covered foreign country” means a foreign country that is a nuclear-weapon state, as defined by Article IX(3) of the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow July 1, 1968, but does not include the United States, the United Kingdom, or France.

2. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. C title XXXI § 3116(c) · 132 Stat. 1636

   1. Added · 42 U.S.C. § 2077a(e)(2)(C)(E)

      Pub. L. 115–232 added subpar. (C)

   2. Redesignated · 42 U.S.C. § 2077a(e)(2)(C)(E)

      Pub. L. 115–232 redesignated former subpars. (C) and (D) as (D) and (E), respectively

   Source evidence

   Code amendment note
   Subsec. (e)(2)(C) to (E). Pub. L. 115–232 added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively.

   Enacted provision · exact public law section
   (c) Report.— Section 3136(e)(2) of the National Defense Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a(e)(2)) is amended— (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (2) by inserting after subparagraph (B) the following new subparagraph (C): “(C) for each such application, an identification of any officer to which the authorization under such section 57 b. was delegated pursuant to section 161 n. of that Act (42 U.S.C. 2201(n));” .

3. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 div. C title XXXI § 3131(b) · 135 Stat. 1541

   1. Substituted · 42 U.S.C. § 2077a(a)

      Pub. L. 117–81 substituted “Annual reports” for “Report” in par. (1)

   2. Substituted · 42 U.S.C. § 2077a(a)

      Pub. L. 117–81 substituted “At the same time as the President submits to Congress the annual budget request under section 1105 of title 31 for a fiscal year,” for “Not less frequently than every 90 days,” in par. (1)

   3. Substituted · 42 U.S.C. § 2077a(a)

      Pub. L. 117–81 substituted “the preceding year” for “the preceding 90 days” in par. (1)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 117–81 substituted “Annual reports” for “Report” in heading, “At the same time as the President submits to Congress the annual budget request under section 1105 of title 31 for a fiscal year,” for “Not less frequently than every 90 days,” in introductory provisions, and “the preceding year” for “the preceding 90 days” in par. (1).

   Enacted provision · exact public law section
   (b) Reports on Certain Transfers of Civil Nuclear Technology.— Section 3136(a) of the National Defense Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a(a)) is amended— (1) in the matter preceding paragraph (1), by striking “Not less frequently than every 90 days,” and inserting “At the same time as the President submits to Congress the annual budget request under section 1105 of title 31, United States Code, for a fiscal year,”; (2) in paragraph (1), by striking “the preceding 90 days” and inserting “the preceding year”; and (3) in the heading, by striking “Report” and inserting “Annual Reports”.

4. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 div. C title XXXI § 3131(b) · 136 Stat. 2395

   1. Added · 42 U.S.C. § 2077a(i); 42 U.S.C. § 2077a(j)

      Pub. L. 117–263 added subsec. (i)

   2. Redesignated · 42 U.S.C. § 2077a(i); 42 U.S.C. § 2077a(j)

      Pub. L. 117–263 redesignated former subsec. (i) as (j)

   Source evidence

   Code amendment note
   Subsecs. (i), (j). Pub. L. 117–263 added subsec. (i) and redesignated former subsec. (i) as (j).

   Enacted provision · exact public law section
   (b) Reports on Transfers of Civil Nuclear Technology.— Section 3136 of the National Defense Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a) is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection: “(i) Combination of Reports.— The Secretary of Energy may submit the annual reports required by subsections (a), (d), and (e) as a single annual report, including by providing portions of the information so required as an annex to the single annual report.” .

8 of 8 references resolved to an enrolled provision